Day in and day out volunteer members of the OSB participate
in investigation and prosecution of claims of lawyer misconduct. While
many complaints are dismissed after an initial review by the dedicated
bar disciplinary staff, others are sent for investigation by one of 68
volunteer lawyers who, with 16 public members constitute the local professional
responsibility committees. After investigation, more complaints are dismissed,
but others are authorized for formal proceedings by the State Professional
Responsibility Board, a volunteer group of seven lawyers and two public
members. Trial panels are drawn from the 67 lawyers and 21 public members
who serve on the Disciplinary Board. When a case goes to trial, the bar
often enlists one of the approximately 80 lawyers who make themselves available
to serve as volunteer prosecutors.

These dedicated volunteers diligently
review and evaluate charges of misconduct, exonerating
the lawyers where there is insufficient evidence and
protecting the public by sanctioning lawyers who have
engaged in violates of the rules of professional conduct.
When we pick up the Bulletin and read the disciplinary
news, it is easy to overlook the volunteer time and
dedication that went into those cases.

I have had the pleasure of working with
the disciplinary system for nearly 20 years, about
half as a volunteer prosecutor, and the remainder as
a disciplinary board member, including one as chair
of the Region 6 panel. My years as a bar prosecutor
were an interesting change of pace from my civil practice.
Bar prosecutions ranged from sad tales of trust fund
violations and neglect of clients’ cases, to
lawyers who used their influence and authority over
their clients to demand sexual favors in exchange for
legal services. The work was challenging and interesting,
a world apart from my day-to-day civil work. One nice
thing about prosecution was that you had no job other
than to prove misconduct by clear and convincing evidence.
It was the trial panel’s job to weigh the evidence.

When I was asked to serve on the disciplinary
board, things changed. A fundamental aspect of our
disciplinary process is that lawyers are judged by
a panel of their peers, who will carefully weigh the
facts, not be swayed by emotion, and most importantly,
will hold the bar to the required standard of proof
by clear and
convincing evidence. Just as we have high standards
for the conduct we expect from lawyers, we also have
a high standard for the quantum of proof that is required
to discipline them.

Each disciplinary panel is made up of
two lawyers and one public member from the region of
the accused lawyer’s office.

Disciplinary trials proceed much as civil
or criminal trials. Decisions are rendered in a detailed
written opinion. The trial panel decision is final
unless either the accused lawyer or the bar request
review by the supreme court.

The disciplinary process is often a lengthy
one, but it is an effective means for protecting the
public from errant lawyers and for protecting lawyers
from false accusations. It is, however, heavily dependent
on having sufficient volunteers from the bar.

Members of the disciplinary board are
appointed by the Oregon Supreme Court to serve as the
trial judges in this critical public protection function.
If you are interested in being a part of it, I strongly
encourage you to indicate your interest by going to
the "Volunteer Opportunities" Form and Brochure on the
osbar.org website. The time commitment is not very
great. A term on the disciplinary board is for three
years. Panel members typically sit on two or three
cases per year. Most hearings take one day, with additional
time to prepare the opinion if you chair the panel.
Overall, it is a very small commitment of time, yet
an integral part of keeping our disciplinary process
moving smoothly.

Probably the best part of serving on
the panels is working with the other volunteers. It
is both an honor and a privilege to serve with such
dedicated and committed lawyers and public members
who share an interest in ensuring that the public is
protected by a process that has integrity.

ABOUT THE AUTHORGil Feibleman is a Portland lawyer, member of the
Disciplinary Board and current chair of the Region
6 disciplinary panel.